Justice Azeez Fimisola of the High Court of Lagos State, Ikeja, has struck out a fundamental rights enforcement suit filed by the Incorporated Trustees of the Magodo Residents Association against several respondents, including the Attorney-General of the Federation, the Inspector-General of Police, and others.
The case, which also listed the Lagos State Commissioner of Police, CSP Abimbola Oyewole, Chief Adebayo Adeyiga, Chief Yusuf Ogundare, and Owokoniran Adeyiga as respondents, was dismissed on Tuesday due to the applicants’ repeated absence and failure to diligently prosecute the matter.
Counsel for the sixth respondent/applicant, Mr Deji Fasusi, informed the court that the applicants had neither appeared nor filed responses to his client’s application seeking to set aside the substituted service of court papers.
He argued that the fundamental rights suit required active and prompt prosecution, urging the court to strike it odismissustFimisola upheld the submission, striking out the entire suit and awarding a cost of ₦50,000 against the Magodo Residents Association for want of diligent prosecution.
The sixth respondent/applicant had earlier filed a Motion on Notice under Order 5 Rule 9 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, seeking to set aside the substituted service granted on April 20, 2022, as it pertained to the fifth and seventh respondents.
According to the application, the court papers were pasted at the entrance of the sixth respondent’s residence at No. 1, Mutairu Street, Shangisha, Lagos.
The applicant contended that he and his family were the sole occupants of the property and had no relationship with the other respondents, arguing that the substituted service was obtained through misrepresentation of facts.
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